O autorskom pravu, trojedinstvu subjekta zaštite i internetu
Slobodan M. Marković · 2020
Starting from the well-known statement that Internet is a disruptive technology that is changing social institutions, the author tries to explain what are the core elements of current copyright law that make it hardly compatible with the Internet. In the obvious fact that digital technology and the Internet have cut the cost of distribution of copyrighted works to zero and significantly reduced the cost of producing copyrighted works, the author sees the cause of the breakup of the traditional triune entity of the copyright holder into three: the author, producer and business user of the work, whose interests are becoming independent. This has created the conditions for reviewing the premises on which the copyright system is based. Experience shows that, despite the enormous extent of copyright infringement, the Internet became the incubator of creativity and that the relationship between creativity and copyright is not as straightforward as the official propaganda claims. This may be due to the fact that the interests of the producers and commercial users of the copyrighted works (who follow the homo economicus model of behavior) are not crucial to the behavior of the authors themselves on the internet, since the motives driving the author do not directly relate to the expectation of immediate economic benefit from each enjoyment of their work. Standing firmly on the position that copyright is a utilitarian system aimed at regulating the market of copyrighted works in order to stimulate creativity, the author comes to the conclusion that it is necessary to cautiously address the revision of basic copyright rules and abandon the false ideology of combating Internet piracy as a monster that threatens creativity.